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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Anderson Communications Inc. )
)
Licensee of Radio Station WPRY213 )
Honolulu, Hawaii ) File No. EB-FIELDWR-17-00023803
)
)
NOTICE OF VIOLATION
Released: May 16, 2017
By the Regional Director, Region Three, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s Rules,
1
to Anderson Communications Inc. (Anderson), licensee of radio station WPRY213
in Honolulu, Hawaii. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not preclude
the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability
for Forfeiture for the violation(s) noted herein.
2
2. On March 16, 2017, in response to a complaint of interference, an agent of the
Enforcement Bureau’s Honolulu Office observed radio station WPRY213 operating on 451.93125 MHz
located at 4696 Maunalani Circle, Honolulu, HI, and observed violations of the following rules:
a. 47 CFR § 90.35(c)(33): “This frequency will be assigned with an authorized
bandwidth not to exceed 6 kHz.” The measured occupied bandwidth of the
WPRY213 data signal on 451.93125 MHz exceeded 10 kHz, causing
interference to a licensee on an adjacent frequency of 451.925 MHz.
b. 47 CFR § 90.209(a): “Each authorization issued to a station licensed under
this part will show an emission designator representing the class of emission
authorized. The designator will be prefixed by a specified necessary
bandwidth. This number does not necessarily indicate the bandwidth
occupied by the emission at any instant.” The emission designator
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
Federal Communications Commission
2
authorized for WPRY213 is “4K00F1E” and “6K00F3E”. The measured
occupied bandwidth of the WPRY213 data signal exceeded 10 kHz.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,
3
and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, Anderson must submit a written statement concerning this matter within twenty
(20) days of release of this Notice. The response (i) must fully explain each violation, including all
relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken
to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself and must not be abbreviated by
reference to other communications or answers to other notices.
4
4. In accordance with Section 1.16 of the Rules, we direct Anderson to support their
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by
Anderson, verifying the truth and accuracy of the information therein,
5
and confirming that all of the
information requested by this Notice which is in the licensee’s possession, custody, control, or knowledge
has been produced. To knowingly and willfully make any false statement or conceal any material fact in
reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.
6
5. All replies and documentation sent in response to this Notice should be marked with the
File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
Region Three Los Angeles Office
18000 Studebaker Road, Suite 660
Cerritos, CA 90703
6. This Notice shall be sent to Anderson at their address of record.
3
47 U.S.C. § 308(b).
4
47 CFR § 1.89(c).
5
Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission
and which is required by any law, rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the
person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.” 47
C.F.R. § 1.16.
6
18 U.S.C. § 1001 et seq. See also 47 CFR § 1.17.
Federal Communications Commission
3
7. The Privacy Act of 1974
7
requires that we advise you that the Commission will use all
relevant material information before it, including any information disclosed in your reply, to determine
what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Lark Hadley
Regional Director
Region Three
Enforcement Bureau
7
See 5 U.S.C. § 552a(e)(3).